This Agreement contains the complete terms and conditions that govern the use of the Awesome Drills website(s) (“website” or “websites” or “site”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER Awesome Drills SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. Awesome Drills RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT Awesome Drills’ DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.awesomedrills.com
2. ACCESS TO THIS SITE. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete. If Awesome Drills believes the information you provide is not correct, current, or complete, Awesome Drills has the right to deny access to this site, or to any of its resources, and to terminate or suspend your access at any time.
3. APPLICABLE USE OF SITE. You may use this site for purposes expressly permitted by this site. As a condition of your use of Awesome Drills’ websites, you warrant to Awesome Drills that you will not use the websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
5. NO UNLAWFUL ACCESS. In addition, you agree that you will not use Awesome Drills’ websites in any manner that could in any way disable, overburden, damage, or impair the websites or otherwise interfere with any other party’s use and enjoyment of the websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the websites.
6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Awesome Drills’ websites are for your personal and non-commercial use, unless otherwise specified. You may not use any Awesome Drills site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Awesome Drills. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Awesome Drills’ websites.
7. PROPRIETARY INFORMATION. All content found on the Awesome Drills websites (the “Content”) is considered the copyrighted and trademarked intellectual property of Awesome Drills, or of the party that created and/or licensed the Content to Awesome Drills. No rights or title to any of the works contained on any Awesome Drills website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of Awesome Drills, except that you may print out and/or save a copy of the Content for personal use.
8. SUBMISSIONS. You hereby grant to Awesome Drills a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Awesome Drills through this site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Awesome Drills will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Awesome Drills operations or business.
9. HYPERLINKING. This site may be hyperlinked to and by other websites which are not maintained by, or related to, Awesome Drills. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or Awesome Drills. Awesome Drills has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Awesome Drills website to another web page should be accessed at the User’s own risk. Awesome Drills makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
10. USE OF COMMUNICATION SERVICES. Awesome Drills’ websites may contain forums, bulletin board services, video upload forums, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others; (v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Awesome Drills nor any third party that provides Content to Awesome Drills will assume or have any liability for any action made by Awesome Drills or such third party with respect to any submission.
12. DISCLOSURE UNDER LAW. Awesome Drills reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
14. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Awesome Drills cannot and does not guarantee or warrant that files available for downloading from the Awesome Drills websites will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this website. Awesome Drills further disclaims any responsibility to ensure that the Content located on its websites is necessarily complete and up-to-date.
While Awesome Drills makes reasonable efforts to present accurate and reliable information on the Site, Awesome Drills does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, depiction of martial arts drills, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the martial arts drills that you find on the Site.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Awesome Drills DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Awesome Drills DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY Awesome Drills WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Awesome Drills DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Awesome Drills MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Awesome Drills MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. Awesome Drills MAKES NO WARRANTIES THAT YOUR USE OF THE DRILLS DEPICTED ON THE SITE WILL BE SAFE AND YOU ASSUME THE RISK OF INJURY IF YOU PERFORM ANY OF THE DRILLS DEPICTED ON THE SITE.
Awesome Drills, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Awesome Drills HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Awesome Drills AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 ORTHE AMOUNT YOU HAVE PAID TO Awesome Drills FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
16.TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this site are the property of Awesome Drills or the party that provided the intellectual property to Awesome Drills. Awesome Drills and any party that provides intellectual property to Awesome Drills retain all rights with respect to any of their respective intellectual property appearing in this site. All contents of Awesome Drills’s websites are: Copyright © 2014 Awesome Drills, LLC. All rights reserved.
17. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Awesome Drills’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Awesome Drills and its affiliates that your copyrighted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the current website address;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Awesome Drills’ Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD Awesome Drills HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Awesome Drills DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Awesome Drills OR LAW ENFORCEMENT AUTHORITIES.
19. MUSIC FOR BUSINESS.
AWESOME DRILLS, LLC IS LICENSED TO STREAM MUSIC TO ITS MEMBERS.
FOR ANYONE TO LEGALLY PLAY MUSIC IN ANY BUSINESS ESTABLISHMENT, A LICENSE FROM BMI AND/OR ASCAP IS REQUIRED. THIS IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL BUSINESS TO OBTAIN THE PROPER LICENSING.